This site is dedicated to providing moderate-right opinions, and information and articles that counter some of the nonsense being inculcated in our young people by public schools and by many colleges and universities. It rejects multiculturalism, embraces the melting pot and celebrates the idea of America. *Vi er all Dansk nu.*

Tuesday, February 13, 2007

Court Rules Against ACLU, Protestors in Military Funeral Lawsuit

(Washington, DC) "Judicial Watch, the public interest group that promotes transparency, accountability and integrity in government, politics and the law, announced today that a U.S. District Court in Missouri denied a request by the American Civil Liberties Union lawyers made on behalf of a member of the Westboro Baptist Church to prevent the state from enforcing its statute limiting protests “in or about” the location of funeral services (Shirley L. Phelps-Roper v. Jeremiah W. Nixon, et al., No. 06-cv-4156-FJG). The ACLU filed a lawsuit challenging the constitutionality of the law on behalf of protesters who disrupted military funerals by picketing and conducting other protest activities.

The court order, issued by federal Judge Fernando J. Gaitan, Jr., essentially adopts Judicial Watch’s argument that Missouri’s “funeral protection law” is well-grounded in Eighth Circuit judicial precedent and is consistent with the U.S. Constitution. Moreover, Judge Gaitan specifically cites Judicial Watch’s amicus brief concerning the right of family members and friends of those killed in battle to mourn their loss. The judge writes: “…amicus Judicial Watch notes that Missouri also has an interest in protecting funeral attendees’ First Amendment rights to free exercise of religion.” Judge Gaitan ruled that the ACLU’s client failed to demonstrate a “likelihood of success on the merits” of her arguments. Her request for a preliminary injunction was, therefore, denied.

“We’re pleased the court seems to recognize the right of funeral attendees to mourn those who died defending our country without being disrupted by protesters,” said Judicial Watch President Tom Fitton. “Unlike the ACLU, most Americans believe that mourners should be able to engage in quiet and reflective prayer at funerals. As the court noted, ‘…picketing soldiers’ funerals and belittling the sacrifices made by soldiers are intolerable actions…’”

Missouri lawmakers were spurred into action after protesters began picketing outside the August 2005 military funeral of Army Spec. Edward L. Myers in St. Joseph, Missouri. The law reads: “It shall be unlawful for any person to engage in picketing or other protest activities in front of or about any church, cemetery, or funeral establishment ... within one hour prior to the commencement of any funeral, and until one hour following cessation of any funeral…” The Missouri “funeral protection law,” therefore, does not ban picketing altogether, and does not make any reference to the content of the speech it seeks to regulate. As Judicial Watch argues in its brief, this is a “narrowly tailored law” that merely regulates the time and place of protests.” Judicial Watch

Here in Florida we were visited by members of this church or by demonstrators with similar warped views who raised anti-gay signs at the funeral of a soldier killed in Iraq. This is another case where the action of the ACLU is unfathomable. They (the ACLU) defend child-molester killers in Massachusetts (the Curley case-NAMBLA connection); they have attempted to destroy the Boy Scouts in many locations; and here they defend funeral disrupters. I don’t understand how anyone can continue to defend or to contribute to this organization. The ACLU (which does have Communist roots) has morphed from being a selective defender of our civil rights to an abuser of our community rights and responsibilities.

Judicial Watch is a nonpartisan, educational foundation organized under Section 501(c)(3) of the Internal Revenue code. Judicial Watch is dedicated to fighting government and judicial corruption and promoting a return to ethics and morality in our nation's public life.

2 Comments:

I'm so happy to see that this organization is standing up to the ACLU. That fascist group don't even deserve to live in this country and call themselves Americans. Anyone who is dumb enough to support them, needs to have their heads examined.

About Me

Russell Wilcox is a retired college professor who spends several months in Florida and several months in Rhode Island each year, and whose interests include boating and sailing, sports, political activism, ballroom dancing and bridge. He has an MBA from Harvard, a Computer Systems CAGS from Bryant and a BS from Northeastern. He has worked in industry for EG&G and Texas Instruments, operated his own business with more than 200 employees, and served as Director of the Computer Information Systems Program for Stonehill College. An Army veteran and private pilot, he is a published author, and is the proud father of four children and the proud grandfather of seven grandchildren and one greatgrandchild. A holder of two patents in microchip connections and a true product of the melting pot, his father is the son of a Yankee farmer, and his mother the first generation daughter of Italian immigrants who retained their culture, but strove mightily to become Americans, sending four sons to fight against Hitler and Mussolini.